Suing your employer is not a decision to be taken lightly. But, if you feel that you’ve encountered bullying, harassment, discrimination or wrongful termination, it may be necessary.
When is a lawsuit appropriate?
You can’t sue your employer just because you’re unhappy at work. Lawsuits should only be used for egregious acts where legal action is appropriate, such as:
- Wrongful termination – If you have been let go because the company’s struggling, for example, rather than your performance.
- Discrimination – A lawsuit is warranted if an employer is to discriminate you due to your race, sex, ethnicity, religion, gender or disability.
- Harassment – If you have incurred harassment in the workplace in its various forms. Even if your harassment was from a co-worker, supervisor or a client and your employer didn't address the issue, you can still state your case.
- Workplace injury – If you have had a serious injury in the workplace and your employer doesn’t have a compensation plan in place.
What you need to consider
All cases are different, but there are important points to consider before submitting a legal case.
Keep records of events and situations where you felt like you were treated unfairly at work. This can include emails, texts, conversations and the time and date they occurred. We also recommend speaking to other employees who might have experienced or witnessed these certain behaviours from your employer, which could support your case.
Check your company's policies, including its disciplinary process and processes for bullying, harassment and so on, depending on your case.
Finally, speak a solicitor to find out what your rights are and whether you have a case. At John Fowlers, we offer a free, no-obligation phone consultation where we will tell you if your case is justified.
Before you take legal action, if you feel you can, speak to your employer to see if it’s possible to resolve the situation without legal assistance.